Terms & Conditions of Use
These terms and conditions of use relate to services provided by Quickflix
Limited (“Quickflix”).
Subscription
services (“Quickflix Services”) can be accessed at the Quickflix website,
www.quickflix.com.au.
It is important that you read these terms and conditions of use carefully. By
using, visiting or browsing the Quickflix website you agree to be bound by
these terms and conditions of use.
Changes to terms and conditions of use
We reserve the right from time to time to change these terms and conditions at
our sole discretion. We will notify you of any material updates by email. The
most current version of the terms and conditions will supersede all previous
versions and can be reviewed by clicking on the "Terms & conditions"
hyperlink located at the bottom of the pages of the Quickflix website.
Becoming a member
To subscribe for Quickflix Services, you must be at least 18 years of age, have
a valid credit card and an email address.
Free trials and promotional offers of the Quickflix rental service
A free trial and any promotional offers of the subscription service are
available to eligible new members only. To be eligible for this offer, you
must be a first time customer of the Quickflix subscription service.
Quickflix reserves the right to restrict the free trial promotion and any
other promotions to one instance per household. The creation of additional
accounts at the same household address may incur an immediate subscription
charge against all subsequent accounts. Quickflix will charge for the abuse
of the promotional trial service. This applies across all services provided
by Quickflix.
The duration of the free trial or promotional offer may vary and is as
advertised on the Quickflix web page used for your registration.
To receive a free trial or promotional offer you will need to register as a member of Quickflix and
provide valid credit card details. When you register, we will validate your
card with a test transaction of $3 which will result in your available credit
being reduced by this amount. These funds are not held by Quickflix but by your
card issuer. It will normally take 5-10 days for the validation amount to be
re-adjusted on your credit card account. The validation is required to ensure
the card is not being used fraudulently.
At the end of your free trial or promotional offer we will begin billing your
credit card or PayPal account for the monthly subscription fees for your membership
plan. If you do not cancel your free trial or promotional offer within the free
trial or promotional period, you will be billed your first monthly subscription
fee. If you cancel your free trial or promotional offer and don’t return your
DVDs within 7 calendar days we may charge your credit card or PayPal account for
a minimum of $29.95 for each DVD not returned. In addition to the replacement
value of each title, you will be charged a non-refundable admin fee of $10.00
per disc. It is your responsibility to know when your free trial or promotional
offer ends, and to cancel your free trial or promotional offer if you do not
wish to become a paid member. During your free trial and certain promotional
offers, you will be able to cancel your membership online via your accounts pages.
We reserve the right not to offer, refuse, or cancel a free trial or promotional
offer. These offers are limited to one per person, one per household and one per
credit card and cannot be combined with any other offer. We reserve the right to
charge a subscription fee to your credit card where you have exceeded the aforementioned limit.
Whilst you are trialing the service some DVD and Blu-ray discs may be unavailable,
as high demand (Premium) content is reserved for our paying members.
If you have already tried the Quickflix subscription service, you
can sign-up again, but you won’t qualify for a free trial or new member sign-on
incentives and will be immediately placed on our standard monthly plan as a
paying member.
To activate your membership
Once you have completed the online registration process, you will be sent an
email containing a link which is used to activate your membership. Please note
that you must provide us with a valid and active email address, follow the
procedure for activating your membership specified within the activation email,
and add sufficient titles to your Queue, before we will be able to send you any
DVDs.
Inactive and unused memberships may be closed after approximately two weeks of
inactivity. If you wish to reactivate your account, please notify us and we
will reactivate your membership using your existing details.
Purchasing gift vouchers
You may purchase a gift voucher from the Quickflix website for another person
or yourself. Gift vouchers are valid for 12 months from the recorded purchase
date. To purchase a gift voucher, you must be at least 18 years of age, have a
valid credit card and an email address.
Redeeming gift vouchers
To redeem a gift voucher you must be at least 18 years of age, have a valid
credit card and an email address. If you have been given a gift voucher, you
can only redeem it through the Quickflix website within 12 months of the
recorded purchase date.
If you are not already a member, you will be asked to enter your voucher code,
your personal details, including your credit card details and an email address
to commence your subscription. Your credit card is only charged if you continue
with the service beyond the gift subscription period, purchase products or
incur charges for lost or damaged DVDs.
Once the voucher period expires, you are free to continue using the service as a
paying member. If you continue your subscription as a paying member, the
appropriate fee for your selected membership plan will be charged to your
credit card.
Other offers
From time to time we will introduce special offers, rewards, vouchers, gift
certificates, payment plans and free membership trials which will be subject to
specific terms and conditions.
Membership plans
Our subscription service membership plans allow you to rent DVDs with up to a
specified number of titles out at a time with no late fees or due dates.
Specific details regarding your membership can be viewed in the "My account"
section of the Quickflix website.
Membership plans and the fees charged can be viewed here
http://www.quickflix.com.au/public/plansandprices/plansandprices.aspx.
We will notify you by email in advance of any change in the subscription fee for
your membership plan. You will have the option of accepting the change, moving
to another membership plan or cancelling the service. If you do not move to
another plan or cancel the service, we will charge your credit card or your
PayPal account at the new fee from your next billing date.
Paying subscription fees
We will charge your credit card or PayPal account with the monthly subscription
fee for your membership plan at the start of each billing period during your
subscription. We will continue to charge your credit card or PayPal account on a monthly basis
until you cancel your membership. You can review your billing history in the
"My account" section of the website.
Tax invoices for the payment of your subscription fees can be created and sent
to you on request.
Changing your membership plan
You can change your membership plan anytime on the My account page. Your plan will automatically
change on the specified date.
Blu-ray access
Access to Blu-ray titles is not included within normal monthly subscription charges for capped plans but
is included within the normal monthly subscription fee for unlimited plans. Blu-ray access can be purchased
for an additional $1 extra on top of your normal membership subscription period on one, two, four and five
capped plans. On all other capped plans, Blu-ray access can be purchased for an additional $2 extra on top of
your normal monthly membership subscription. This can be turned off at any time however refunds will not be
provided for unused Blu-ray access.
Cancelling your membership
Your membership can only be cancelled by calling our Member Care Team on 1300 138 644
(Monday to Friday 9:00am-7:00pm AEST, excluding public holidays).
We do not accept cancellation requests via email. Billing will stop once you have
completed this process. We must receive all outstanding DVDs within 7 calendar days
of cancellation. If we do not receive your DVDs within this period we will charge your
credit card or your PayPal account the replacement value of $29.95 per DVD and $39.95
for HD and Blu-ray titles. In addition to the replacement value of each title, you will
be charged a non-refundable admin fee of $10.00 per disc.
If for any reason the aforementioned charges cannot be processed
against your credit card or your PayPal account we will forward the matter onto a debt
recovery agency without prior notice. Should this occur, you are liable for all recovery
and legal costs incurred by us. Any correspondence from this point will strictly be
between you and the debt recovery agency. We do not provide a refund or credit for any
partial monthly subscription periods outstanding on cancellation.
If you have joined on one of our 6 or 12 month subscription plans and you cancel your
membership prior to the end of the contracted period, then a cancellation fee will
be charged to your credit card or your PayPal account as follows:
-
6 month plan: a cancellation fee of $50 applies.
-
12 month plan: a cancellation fee of $100 applies.
Suspending your membership
As a paying member you may suspend your membership for a total of 3 months in
any 12 month period. Your membership will automatically be reactivated at the
end of the specified period of suspension, to a maximum of 3 months from the
date of the start of suspension. You cannot suspend your membership if you are
on a free trial.
To suspend your membership, click on "My account" and then "Suspend my account"
and follow the instructions. Your account will be suspended and billing will
stop once you have completed this process and returned any outstanding DVDs.
Please note that your membership will not be suspended until you have returned
any outstanding DVDs, and you may continue to be billed if any outstanding DVDs
have not been received.
To re-activate your account, return to the "Suspend my account" section and
follow the instructions. Your account will re-activate and billing will
recommence. Your new billing date will be set after applying any credits in
your account at the time of suspension.
Maintaining your credit card details
If your credit card details change, you may edit your credit card information in
the "My account" section of the website. If your credit card details change,
you must update them on your account, or contact member services with your new
card details, otherwise we will put your membership on hold and stop sending
out any further discs. The membership billing cycle is continuous; your credit
card account will be billed each month until the membership is cancelled.
Maintaining member information and account access
You are responsible for ensuring your member information as entered in the
registration form and subsequently detailed in the "My account" section is
current, accurate and complete. You can maintain and update your membership
information from the "My account" page and may request access to all personal
information held by us as stated in our Privacy Policy. You are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your account. Quickflix will charge you for DVDs lost as
a result of you not maintaining your account information.
We reserve the right to keep indefinitely any information relating to members
who have been identified as abusing Quickflix Services in any way, including
abuse of the free trial, and DVD piracy, and to share this information with
third parties including other DVD rental and on-line entertainment companies.
Right to suspend or cancel
We reserve the right to suspend or cancel your membership if we have reasonable
grounds to suspect that your member information is incorrect, inaccurate or
incomplete or there has been unauthorised access to your account.
We reserve the right to terminate or restrict your use of Quickflix Services,
without notice, for any or no reason whatsoever.
Refunds
Any billing related refunds will be at the discretion of Quickflix. All refunds
processed will be subject to a compulsory administration fee of $10.
Using subscription services
Availability of DVDs
We recommend that you always have at least 20 titles in your Queue, so that we
are able to dispatch your next available DVD once you have returned a DVD, or
once you have notified us that you are returning a DVD (subject to your DVD
entitlement). Please note that if there are no DVDs specified on your Queue, or
none of the DVDs listed on your Queue are available, we may not be able to
dispatch any DVDs to you, even if you have not received all of your DVD
Entitlement. Therefore we recommend that you always keep your Queue topped up
with at least 20 titles.
From time to time, certain titles may become unavailable or deleted from
supplier catalogues. We always endeavour to maintain sufficient copies of
titles listed, but on occasion we may not be able to source certain titles.
Where titles are subject to availability constraints, the title is labelled in
your Queue with an indication of the availability of the title at that point in
time:
Delivery service
We use Australia Post for the delivery and return of DVDs utilising our own
specially designed reply-paid envelopes. Please allow for Australia Post
delivery times. We are not responsible for any delay or misdirection of mail.
Notifying us that you have returned a DVD
As a paying member you are able to access a service on our website that enables you to notify us that you have returned a DVD. The service was created to reduce the impact of any postal delays you may experience.
You can notify us that you have returned a DVD 24 hours from when the DVD was sent to you. Once you have notified us that you are returning a disc, we will send your next available title within 2 business days of notification.
We reserve the right to disable this function if the service is being abused. For example, if the number of DVDs you have out and have notified us as returned, continuously exceeds your DVDs out subscription entitlement.
DVD care, loss and damage
You are responsible for your DVDs so please handle them with care. We reserve the right to charge your credit card or PayPal account a minimum of $29.95 per DVD and $39.95 per Blu-ray for the replacement value of any item that meets the following criteria: Where an item is stolen, damaged or lost whilst in your possession, where an item is lost in the mail due to incorrect address details being provided by you.
It is your responsibility to provide a secure letterbox. It is your responsibility to notify Quickflix within 5 – 14 days of dispatch if a DVD has either not been delivered to you, or not been received back by us. If a DVD is stolen from your letterbox, or where a member does not report a lost DVD to Quickflix within 14 days, again a minimum charge of $29.95 per DVD and $39.95 per Blu-ray will apply. In addition to the replacement value of each title, you will be charged a non-refundable admin fee of $10.00 per disc.
DVD piracy
All DVDs remain the property of Quickflix. You are prohibited from copying or
altering the DVD in any manner. We take DVD piracy very seriously, and will
report any users of the service who are illegally copying DVDs.
Copyright
All content of the Quickflix website including text, graphics, logos, designs,
photographs, button icons, images, audio/video clips, digital downloads, data
compilations and software and its compilation is the property of Quickflix or
its suppliers and is protected by Australian and International copyright laws.
Unless otherwise specified, the content of the Quickflix website is for your
personal and non-commercial use and we grant you a limited license to access
the Quickflix website for that purpose. You may not download (other than
through page caching necessary for personal use), modify, copy, distribute,
transmit, display, perform, reproduce, duplicate, publish, license, create
derivative works from, or offer for sale any information contained on, or
obtained from, the Quickflix website without our express written consent.
Trademarks
"Quickflix" is a trademark of Quickflix Limited. All Quickflix graphics, logos,
page headers, button icons, scripts and service names are trademarks of
Quickflix. Quickflix's trademarks may not be used in connection with any
product or service other than that of Quickflix. All other trademarks not owned
by Quickflix that appear on the Quickflix website are the property of their
respective owners who may or may not be affiliated with connected to or
sponsored by Quickflix.
Website content
We permit you to post reviews on the Quickflix website in accordance with the
procedures established on the Quickflix website, provided that the content is
not illegal, obscene, threatening, defamatory or otherwise objectionable to us.
By posting any information on the Quickflix website, you grant us a
nonexclusive, perpetual royalty-free license to display, use, reproduce,
sub-licence or modify that information. In posting such content, you agree not
to use a false e-mail address or otherwise mislead us or others regarding the
origin of such content. You also agree to indemnify Quickflix, its
subsidiaries, shareholders, directors, officers or employees from and against
any loss, damage, liability, costs or expenses it suffers or incurs in
connection with any reviews posted on the Quickflix website. We reserve the
right to remove or edit such content at any time without notice.
Any opinions, advice, statements, services, offers, or other information that
constitutes part of the content expressed or made available by third parties on
the Quickflix website are those of the respective authors or producers and not
of Quickflix or its shareholders, directors, officers or employees. Under no
circumstances shall Quickflix or its shareholders, directors, officers,
directors or employees be held liable for any loss or damage caused by your
reliance on information obtained through the Quickflix website. It is your
responsibility to evaluate the information, opinion, advice or other content
available through the Quickflix website.
Links
Some of the hyperlinks on the Quickflix website may lead to other websites that
are not controlled by or affiliated with Quickflix. In addition, other websites
may link to the Quickflix website. Quickflix has not reviewed such websites and
is not responsible for their content or privacy policies.
Limitations on liability
Other than as specified expressly in these terms and conditions we will not be
liable for any loss or damage (including indirect or consequential loss or
damage) however caused which may be suffered or incurred or which may arise
directly or indirectly in respect of the use by you of the Quickflix service or
the Quickflix website except to the extent that such liability cannot be
excluded by law.
Where the law implies warranties or conditions into these terms and conditions
which cannot be excluded, restricted or modified, to the extent which Quickflix
is entitled, its liability will be limited in the manner permitted under
section 68A of the Trade Practices Act 1974 at its option to:
(a) in the case of a supply of a product, the replacement of the product, the
supply of an equivalent product, payment of the cost of replacing the product,
payment of the cost of supplying an equivalent product, the repair of the
product, or the payment of the cost of having the product repaired; and
(b) in the case of a supply of services, the supply of the services again, the
supply of equivalent services, the payment of the cost of having the services
supplied again, or the payment of the cost of supplying equivalent services.
Assignment
We may assign any or all of its rights and obligations pursuant to these terms
and conditions without the need to obtain your consent.
Privacy
Any information submitted on the Quickflix website is subject to our "Privacy
policy". Please review our "Privacy policy"
to understand our practices.
The Quickflix website uses a NetRatings Australia auditing system on its website.
Website users can click here for more information on NetRatings Australia, the NetRatings Australia auditing system and NetRatings Australia’s privacy policy.
Applicable law
Your use of this site is governed by, construed and enforced in accordance with
the laws of Western Australia, Australia. Disputes arising from your use of
this site are exclusively subject to the jurisdiction of the courts of Western
Australia, Australia.